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On 5 August 2016, the European Commission concluded that a Spanish scheme to compensate terrestrial private broadcasters for carrying out parallel broadcasting during the digitisation of the terrestrial television signal was in breach of EU state aid rules (for related decisions, see IRIS 2014-10/2 and IRIS 2013-7/5). However, as no aid had been granted to date, no recovery was ordered. The decision arose from a 2011 notification from Spain that it planned to compensate private broadcasters for certain costs associated with the switch from analogue to digital broadcasting. In particular, Spain...

The Catalan audiovisual regulatory authority, the Consell de l'Audiovisual de Catalunya (Catalonian Audiovisual Council, CAC) has launched a project entitled “Protecció dels menors a Internet” (Protection of Minors on the Internet). The project aims to provide users, especially children and teenagers, with a set of tools and resources to ensure greater protection from harmful content online. The aim of this Internet awareness campaign is to educate and provide families, teachers and children with tools and resources, which supplement the work that CAC already carries out to monitor and analyse...

On 9 June 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-470/14, EGEDA v. Administracion del Estado. The case was a reference from the Spanish Supreme Court seeking a preliminary ruling on the interpretation of Article 5(2)(b) of Directive 2001/29/EU (the “InfoSoc Directive”). On 7 December 2012, the Spanish government had adopted Royal Decree 1657/2012, which regulates the procedure of compensating rightsholders for acts of private copying. This was a continuation of the derogation by Royal Decree Law 20/2011 of the private copying levy and the introduction...

On 28 January 2016, Spain’s National Authority for Markets and Competition (CNMC) adopted a decision ordering the Professional Football League (LFP) to give a 90-seconds short news summary of every game to every television station and allow free access to stadiums to broadcasters. However, the channels could only show the summary twice in a 24 hour period. In its decision, the CNMC stressed "the unquestionable social relevance of professional sports" in Spain. However the regulator also considered that 90 seconds is enough to guarantee the citizens’ rights to be informed, and therefore no economic...

On 19 January 2016, Advocate General Szpunar delivered his opinion in Case C-470/14, EGEDA v. Administración del Estado, which was a reference from the Spanish Supreme Court seeking a preliminary ruling on questions relating to Article 5(2)(b) of Directive 2001/29 (the “InfoSoc Directive”). Article 5(2)(b) provides that member states may provide for exceptions or limitations to the reproduction right “in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair...